| THE PEOPLE EX REL., JUAN CANDELARIA V ROBERT KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: KAH 08-01459 |
| Slip Opinion No: 2009 NY Slip Op 92772(U) |
| Decided on December 30, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND PINE, JJ.
KAH 08-01459
Index No: 2008-2455
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., JUAN CANDELARIA,
PETITIONER-APPELLANT, V ROBERT KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
An appeal having been taken to this Court from an order of the Supreme Court, Erie County, entered March 10, 2008, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affirmation of Jeremy D. Schwartz, Esq., dated May 19, 2009, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, the pro se responses of appellant sworn to June 9, 2009, June 16, 2009, June 30, 2009, October 27, 2009, and October 29, 2009, the pro se supplemental brief filed by appellant, the statement of Marcus J. Mastracco, Esq., dated November 10, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed, and counsel's motion is granted (see People v Crawford, 71 AD2d 38 [1979]).
Entered: December 30, 2009
Patricia L. Morgan, Clerk